Catalyst Investment Group & Ors v Lewinsohn & Ors

Catalyst Investment Group & Ors v Lewinsohn & Ors

ARM was subjected to unsubstantiated and damaging allegations, warranting indemnity costs. Catalyst and Mr Roberts did not demonstrate conduct sufficiently out of the norm for indemnity costs; standard basis applies. Payment on account is justified for all successful claimants. Contractual indemnity and pending counterclaims do not defer costs entitlement. Apportionment between claimants is not appropriate. Fifty percent of Friday's hearing costs awarded to Catalyst and Mr Roberts; payment period extended to 28 days.

Parties
Claimant: Catalyst Investment Group Limited; Claimant: Anasazi Partners III LLC; Claimant: Anasazi Partners III Offshore Limited; Claimant: Christopher Baker; Claimant: Eva-Maria Bucher; Claimant: Danièle Burckhardt; Claimant: Christoph Dietsche; Claimant: Martin Gygi; Claimant: Michael Melich; Claimant: Morris Holding Ltd; Claimant: TFI Partners LLP; Claimant: ARM Asset-Backed Securities S.A.; Claimant: Tim Roberts; Defendant: Max Lewinsohn; Defendant: Maximillian & Co; Defendant: Micropower Global Limited
Jurisdiction
England and Wales
Judgment Date
16 November 2009
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Costs awarded to claimants; ARM on indemnity basis, Catalyst and Mr Roberts on standard basis; payment on account ordered; fifty percent of Friday's hearing costs awarded; payment period set at 28 days.
Legal Topics
Indemnity Costs, Standard Costs, Payment on Account, Jurisdiction, Forum Non Conveniens, Lis Alibi Pendens
Civil Procedure Costs Indemnity Costs Standard Costs Payment on Account Jurisdiction Forum Non Conveniens Lis Alibi Pendens

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Parties

Catalyst Investment Group Limited

Claimant

Anasazi Partners III LLC

Claimant

Anasazi Partners III Offshore Limited

Claimant

Christopher Baker

Claimant

Eva-Maria Bucher

Claimant

Danièle Burckhardt

Claimant

Christoph Dietsche

Claimant

Martin Gygi

Claimant

Michael Melich

Claimant

Morris Holding Ltd

Claimant

TFI Partners LLP

Claimant

ARM Asset-Backed Securities S.A.

Claimant

Tim Roberts

Claimant

Max Lewinsohn

Defendant

Maximillian & Co

Defendant

Micropower Global Limited

Defendant

Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity or standard basis
  2. 2 Whether payment on account of costs should be ordered
  3. 3 Whether apportionment of costs between claimants is appropriate

Ratio Decidendi

ARM was subjected to unsubstantiated and damaging allegations, warranting indemnity costs. Catalyst and Mr Roberts did not demonstrate conduct sufficiently out of the norm for indemnity costs; standard basis applies. Payment on account is justified for all successful claimants. Contractual indemnity and pending counterclaims do not defer costs entitlement. Apportionment between claimants is not appropriate. Fifty percent of Friday's hearing costs awarded to Catalyst and Mr Roberts; payment period extended to 28 days.

Court Disposition

Costs awarded to claimants; ARM on indemnity basis, Catalyst and Mr Roberts on standard basis; payment on account ordered; fifty percent of Friday's hearing costs awarded; payment period set at 28 days.

Orders

  • ARM to have its costs assessed on indemnity basis, including costs of application.
  • ARM to receive payment on account of costs at sixty percent of £310,680.51 within 28 days.